CCP 3372     

Art. 3372.  Prior to homologation of final tableau of distribution

At any time prior to the homologation of the final tableau of distribution, the legatees in a testate succession may be sent into possession of all or part of their respective legacies upon filing a petition for possession as provided in Articles 3031 through 3035, except that the proceeding shall be contradictory with the executor.  Upon the filing of such a petition, the court shall order the executor to show cause why the legatees should not be sent into possession.  If the legatees are sent into possession of a part of their respective legacies, the executor shall continue to administer the remainder.